(1) This Act may be called the Administration of Evacuee Property Act, 1950 .

(2) It extends to the whole of India except 1 the territories which, immediately before the 1st November, 1956 , were comprised in the States] of Assam, West Bengal, Tripura, Manipur and Jammu and Kashmir.

(a) " allotment" means the grant by a person duly authorized in this behalf of a right of use or occupation of any immovable evacuee property to any other person, but does not include a grant by way of lease;

(b) " Custodian- General" means the Custodian- General of Evacuee Property in India appointed by the Central Government under section 5;

(c) " Custodian" means the Custodian for the State, and includes any Additional, Deputy or Assistant Custodian of Evacuee Property appointed in that State;

(i) who, on account of the setting up of the Dominions of India and Pakistan or on account of civil disturbances or the fear of such disturbances, leaves or has, on or after the 1st day of March, 1947 , left, any place in a State for any place outside the territories now forming part of India, or

(ii) who is resident in any place now forming part of Pakistan and who for that reason is unable to occupy, supervise or manage in person his property in any part of the territories to which this Act extends, or whose property in any part of the said territories has ceased to be occupied, supervised or managed by any person or is being occupied, supervised or managed by an unauthorized person, or

(iii) who has, after the 14th day of August, 1947 , obtained, otherwise than by way of purchase or exchange, any right to, interest in or benefit from any property which is treated as evacuee or abandoned property under any law for the time being in force in Pakistan, 1 or]

(iv) 1 who has, after the 18th day of October, 1949 , transferred to Pakistan, without the previous approval of the Custodian, his assets or any part of his assets situated in any part of the territories to which this Act extends, or

(v) who has, after the 18th day of October, 1949 , acquired, if the acquisition has been made in person, by way of purchase or exchange, or, if the acquisition has been made by or through a member of his family, in any manner whatsoever, any right to, interest in, or benefit from, any property which is treated as evacuee or abandoned property under any law for the time being in force in Pakistan;] 2 Explanation I].-- For the purposes of sub- clause (iii), the acquisition of any right to, interest in or benefit from any such property as is referred to in that sub- clause by a firm, private limited company or trust of which any person or any member of the family of such person wholly dependent on him for the ordinary necessaries of life is a partner, member or beneficiary, as the case may be shall be deemed to be an acquisition by that person within the meaning of that sub- clause. 1 Explanation II.-- For the purposes of sub- clause (iv), the transfer to Pakistan by any person of any

1. Ins. by Act 11 of 1953, s. 2. 2. Re- numbered by s. 2, ibid.

reasonable sum of money in accordance with the rules made in this behalf by the Central Government for the purpose of financing any transaction in the ordinary course of his trade or for the maintenance of any member of the family of such person shall not be deemed to be a transfer of his assets within the meaning of that sub- clause. Explanation III.-- For the purposes of sub- clause (v), the acquisition of any right to, interest in, or benefit from, any such property as is referred to in that sub- clause by a firm, private limited company or trust of which any person is a partner, member or beneficiary, as the case may be, shall be deemed to be an acquisition by that person of such right, interest or benefit within the meaning of that sub- clause;] 1

(f) 2 evacuee property" means any property of an evacuee (whether held by him as owner or as a trustee or as a beneficiary or as a tenant or in any other capacity), and includes any property which has been obtained by any person from an evacuee after the 14th day of August, 1947 , by any mode of transfer which is not effective by reason of the provisions contained in section 40,] but does not include--

(i) any ornament and any wearing apparel, cooking vessels or other household effects in the immediate possession of an evacuee,

(ii) any property belonging to a joint stock company, the registered office of which was situated before the 15th day of August, 1947 , in any place now forming part of Pakistan and continues to be so situated after the said date;

(g) " member of the family" means any member of the family of any person who is wholly dependent upon the earnings of such person for the provision of the ordinary necessaries of life or who shares with such person in the ordinary expenses of the household to which they jointly belong or who owns property or carries on business jointly with such person;

(i) " property" means property of any kind, and includes any right or interest in such property;

(j) " unauthorized person" means any person (whether duly empowered in this behalf by the evacuee or otherwise) who, after the 14th day of August, 1947 , has been occupying, supervising or managing the property of an evacuee without the approval of the Custodian.

3. [ References to enactments not in force in Part B States.] Rep. by the Administration of Evacuee Property (Amendment) Act, 1953 (11 of 1953 ), s. 3.

(1) ] The provisions of this Act and of the rules and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any such law.

(2) 2 For the removal of doubts, it is hereby declared that nothing in any other law controlling the rents of, or evictions from, any property shall apply, or be deemed ever to have applied, to evacuee property.] CHAP EVACUEE PROPERTY AND VESTING THEREOF IN THE CUSTODIAN CHAPTER II EVACUEE PROPERTY AND VESTING THEREOF IN THE CUSTODIAN

5. Appointment of Custodian- General, Deputy Custodian- General, etc. The Central Government may, by notification in the Official Gazette, appoint a Custodian- General and as many Deputy and Assistant Custodians- General as may be necessary for the purpose of discharging the duties imposed upon the Custodian- General and the Deputy and Assistant Custodians- General by or under this Act.

(1) The Central Government may, by notification in the Official Gazette, appoint for any State a Custodian and as many Additional, Deputy or Assistant Custodians of Evacuee Property as may be necessary for the purpose of discharging the duties imposed

on the Custodian by or under this Act, and the same person may be appointed as the Custodian, or as the case may be, Additional, Deputy or Assistant Custodian of Evacuee Property for two or more States.]

(2) Subject to the provisions of this Act, all Custodians, Additional, Deputy or Assistant Custodians of Evacuee Property shall discharge the duties imposed on them by or under this Act under the general superintendence and control of the Custodian- General.

(3) Subject to the provisions of sub- section (2), Additional, Deputy and Assistant Custodians shall discharge the duties imposed on them by or under this Act under the general superintendence and control of the Custodian for the State, but the 1 Central Government] may, by general or special order, provide for the distribution of work among them: 2 Provided that nothing in this sub- section shall be deemed to empower the Custodian to question any order made by an Additional, Deputy or Assistant Custodian in respect of any matter which the Additional, Deputy or Assistant Custodian is empowered by or under this Act to determine.]

(1) Where the Custodian is of opinion that any property is evacuee property within the meaning of this Act, he may, after causing notice thereof to be given in such manner as may be prescribed to the persons interested, and after holding such inquiry into the matter as the circumstances of the case permit, pass an order declaring any such property to be evacuee property.

(1A) 3 Where during the pendency of any proceeding under sub- section (1) for declaring any property to be evacuee property any person interested in the property dies, the proceeding shall, unless the Custodian otherwise directs, be continued and disposed of as if such person were alive.]

(2) Where a notice has been issued under sub- section (1) in respect of any property, such property shall, pending the determination of the question whether it is evacuee property or otherwise, be incapable of being transferred or charged in any way, except with the leave of the Custodian, and no person shall be capable of taking any benefit from such transfer or charge except with such leave.

(3) The Custodian shall, from time to time, notify, either by publication in the Official Gazette or in such other manner as may be prescribed, all properties declared by him to be evacuee properties under sub- section (1).

7A. 1 Property not be declared evacuee property on or after 7th May, 1954 . Notwithstanding anything contained in this Act, no property shall be declared to be evacuee property on or after the 7th day of May, 1954 : Provided that nothing contained in this section shall apply to--

(a) any property in respect of which proceedings are pending on the 7th day of May, 1954 for declaring such property to be evacuee property; and

(b) the property of any person who, on account of the setting up of the Dominions of India and Pakistan or on account of civil disturbances or the fear of such disturbances had left on or after the 1st day of March, 1947 , any place now forming part of India, and who on the 7th day of May, 1954 , was resident in Pakistan: Provided further that no notice under section 7 for declaring any property to be evacuee property with reference to clause (b) of the preceding proviso shall be issued after the expiry of six months from the commencement of the Administration of Evacuee Property (Amendment) Act, 1954 (42 of 1954 ). Explanation I.-- A person shall be deemed to have been resident in Pakistan on the 7th day of May, 1954 , within the meaning of clause (b) of the first proviso, if he was ordinarily residing in Pakistan before that date, notwithstanding that he was temporarily absent from Pakistan on that date. Explanation II.-- A person who had left India for Pakistan before the 7th day of May, 1954 , on the authority of a passport or any other valid travel document issued by any competent authority in India, and who was temporarily residing in Pakistan on that date, shall not be deemed to have been resident in Pakistan on that date within the meaning of clause (b) of the first proviso. Explanation III.-- A person who had left Pakistan for India on or after the 18th day of July, 1948 , and who was in India on the 7th day of May, 1954 , shall, unless he came to India under a valid permit for permanent return or for permanent resettlement, issued under

1. Ins. by Act 42 of 1954, s. 4. (w. e. f. 7th May, 1954 ).

the Influx from Pakistan (Control) Act, 1949 (23 of 1949 ), be deemed to have been resident in Pakistan on the 7th day of May, 1954 , within the meaning of clause (b) of the first proviso.]

(1) Any property declared to be evacuee property under section 7 shall be deemed to have vested in the Custodian for the State,--

(a) in the case of the property of an evacuee as defined in sub- clause (i) of clause (d) of section 2, from the date on which he leaves or left any place in a State for any place outside the territories now forming part of India;

(b) in the case of the property of an evacuee as defined in sub- clause (ii) of clause (d) of section 2, from the 15th day of August, 1947 ; and

(c) in the case of any other property, from the date of the notice given under sub- section (1) of section 7 in respect thereof.

(2) Where immediately before the commencement of this Act, any property in a State had vested as evacuee property in any person exercising the powers of Custodian under any law repealed hereby, the property shall, on the commencement of this Act, be deemed to be evacuee property declared as such within the meaning of this Act and shall be deemed to have vested in the Custodian appointed or deemed to have been appointed for the State under this Act, and shall continue to so vest: Provided that where at the commencement of this Act there is pending before the High Court, the Custodian or any other authority for or in any State any proceeding under section 8 or section 30 of the Administration of Evacuee Property Ordinance, 1949 (12 of 1949 ), or under any other corresponding law repealed by the Administration of Evacuee Property Ordinance, 1949 (27 of 1949 ), then notwithstanding anything contained in this Act or in any other law for the time being in force, such proceeding shall be disposed of as if the definitions of' evacuee property' and' evacuee' contained in section 2 of this Act had become applicable thereto.

(2A) 1 Without prejudice to the generality of the provisions contained in sub- section (2), all property which under any law repealed hereby purports to have vested as evacuee property in any person exercising the powers of Custodian in any State shall,

1. Ins. by Act 1 of 1960, s. 2 (with retrospective effect).

notwithstanding any defect in, or the invalidity of, such law or any judgment, decree or order of any court, be deemed for all purposes to have validly vested in that person, as if the provisions of such law had been enacted by Parliament and such property shall, on the commencement of this Act, be deemed to have been evacuee property declared as such within the meaning of this Act and accordingly, any order made or other action taken by the Custodian or any other authority in relation to such property shall be deemed to have been validly and lawfully made or taken.]

(3) Where any property in a State belonging to a joint stock company had vested in any person exercising the powers of a Custodian under any law previously in force, then nothing contained in clause (f) of section 2 shall affect the operation of sub- section (2), but the 1 Central Government] may, by notification in the Official Gazette, direct that the Custodian shall be divested of any such property in such manner and after such period as may be specified in the notification.

(4) Where after any evacuee property has vested in the Custodian any person is in possession thereof, he shall be deemed to be holding on behalf of the Custodian and shall on demand surrender possession of it to the Custodian or to any other person duly authorised by him in this behalf.

9. Power of Custodian to take possession of evacuee property vested in him. If any person in possession of any evacuee property refuses or fails on demand to surrender possession thereof to the Custodian or to any person duly authorized by him in this behalf, the Custodian may use or cause to be used such force as may be necessary for taking possession of such property and may, for this purpose, after giving reasonable warning and facility to any woman not appearing in public to withdraw, remove or break open any lock, bolt or any door or do any other act necessary for the said purpose.

(1) Subject to the provisions of any rules that may be made in this behalf, the Custodian may take such measures as he considers necessary or expedient for the purposes of securing, administering, preserving and managing any evacuee property and generally for the purpose of enabling him satisfactorily to discharge any of the duties imposed on him by or under this Act and may, for any such purpose

(b) appoint a manager for the property of the evacuee or for carrying on any business or undertaking of the evacuee and authorize the manager to exercise any of the powers of the Custodian under this section;

(c) enter, or authorize any other person to enter, any land or premises to inspect any evacuee property;

(d) take all such measures as may be necessary to keep any evacuee property in good repair;

(e) complete any building which has vested in him and which requires to be completed;

(i) take such action as may be necessary for the recovery of any debt due to the evacuee;

(j) institute, defend or continue any legal proceeding in any Civil or Revenue Court on behalf of the evacuee or refer any dispute between the evacuee and any other person to arbitration or compromise any claims, debts or liabilities on behalf of the evacuee; 2

(l) in any case where the evacuee property which has vested in the Custodian consists of a share or shares in a company, exercise, notwithstanding anything to the contrary contained in the 3 Indian Companies Act, 1913 (7 of 1913 ), or in the articles of association of the company, the same rights in the matter of making a requisition for the convening of a meeting or of presenting a petition to the Court under the provisions of the Indian Companies Act, 1913 , or the articles of association of the company or in any other matter as the evacuee shareholder himself

could have done had he been present, although the name of the Custodian does not appear in the register of members of the company;

(ll) 1 in any case where the evacuee property which has vested in the Custodian consists of fifty- one per cent. or more of the shares in a company, the Custodian may take charge of the management of the whole affairs of the company and exercise, in addition to any of the powers vested in him under this Act, all or any of the powers of the directors of the company, notwithstanding that the registered office of such company is situate in any part of the territories to which this Act extends, and notwithstanding anything to the contrary contained in this Act or the Indian Companies Act, 1913 (7 of 1913 ), or in the articles of association of the company: Provided that the Custodian shall not take charge of such management of the company except with the previous approval of the Central Government;]

(m) incur any expenditure, including the payment of taxes, duties, cesses and rates to Government or to any local authority 2 ;

(n) pay to the evacuee, or to any member of his family or to any other person as in the opinion of the Custodian is entitled thereto, any sums of money out of the funds in his possession;

(o) transfer in any manner whatsoever any evacuee property, notwithstanding anything to the contrary contained in any law or agreement relating thereto: Provided that the Custodian shall not sell any immovable property or any business or other undertaking of the evacuee, except with the previous approval of the Custodian- General;

(p) 3 acquire any non- evacuee interest in evacuee property, whether by way of purchase or otherwise:

Provided that no such acquisition shall be made except with the previous approval of the Custodian- General;]

(q) delegate, by general or special order, all or any of his functions under this Act to such officers or persons as he thinks fit. 1

10A. 2 Power to recover rent or damages in respect of evacuee property vested in the Custodian.

(1) Where any person is in arrears of rent in respect of any evacuee property vested in the Custodian, the Custodian may, by order, require that person to pay the same within such time and in such instalments as may be specified in the order.

(2) Where any person is deemed to be holding any evacuee property on behalf of the Custodian under sub- section (4) of section 8, the Custodian may, having regard to such principles of assessment of rent as may be prescribed, by order, assess the rent payable in respect of such property and that person shall be liable to pay the rent so assessed.

(3) Where any person is, or has at any time been, in unauthorised possession of any evacuee property vested in the Custodian, the Custodian may, having regard to such principles of assessment of damages as may be prescribed, assess the damages on account of the use and occupation of such property and may, by order, require that person to pay the damages within such time and in such instalments as may be specified in the order.

(4) Where any person being in possession of any evacuee property vested in the Custodian has caused damage to any such property, the Custodian may assess the compensation payable on account of the damage so caused and may, by order, require that person to pay the compensation within such time and in such instalments as may be specified in the order.

(5) No order shall be made under sub- section (2) or sub- section (3) or sub- section (4), until after the issue of a notice in writing to the person concerned calling upon him to show cause within such time as may be specified in the notice why such order should not be made and until his objections, if any, and any evidence he may produce in support of the same have been considered by the Custodian.]

(1) 1 Where any evacuee property which has vested in the Custodian is property in trust for a public purpose of a religious or charitable nature, it shall be lawful for the Central Government, notwithstanding anything contained in the instrument of trust or any law for the time being in force, to appoint, by general or special order, new trustees in place of the evacuee trustees and the property shall remain vested in the Custodian only until such time as the new trustees are so appointed; and pending the appointment of such new trustees the trust property and the income thereof shall be applied by the Custodian for fulfilling, as far as possible, the purpose of the trust.]

(a) where the mutawalli is an evacuee, the property forming the subject- matter of the wakf shall vest in the Custodian subject to the rights of the beneficiaries under the wakf, if any, who are not evacuees;

(b) where not all the beneficiaries are evacuees, the rights and interests of such of the beneficiaries as are evacuees shall alone vest in the Custodian.

(1) Notwithstanding anything contained in any other law for the time being in force, the Custodian may cancel any allotment or terminate any lease or amend the terms of any lease or agreement under which any evacuee property is held or occupied by a person, 1 whether such allotment, lease or agreement was granted or entered into before or after the commencement of this Act]: 2 Provided that in the case of any lease granted before the 14th day of August, 1947 , the Custodian shall not exercise any of the powers conferred upon him under this sub- section unless he is satisfied that the lessee--

(a) has sublet, assigned or otherwise parted with the possession of the whole or any part of the property leased to him; or

(b) has used or is using such property for a purpose other than that for which it was leased to him; 3 or]

(c) 3 has failed to pay rent in accordance with the terms of the lease.]] 4 Explanation.-- In this sub- section," lease" includes a lease granted by the Custodian and" agreement" includes an agreement entered into by the Custodian.]

(2) Where by reason of any action taken under sub- section (1), any person has ceased to be entitled to possession of any evacuee property, he shall on demand by the Custodian surrender possession of such property to the Custodian or to any person duly authorized by him in this behalf.

(3) If any person fails to surrender possession of any property on demand under sub- section (2), the Custodian may, notwithstanding

(1) Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, where tenancy rights have vested in the Custodian as evacuee property and the Custodian has granted a lease in respect of such property, the Custodian may, in any case where the lessor under whom the property was held immediately before it vested in the Custodian is not an evacuee, declare, by general or special order, that with effect from such date as may be specified in the order he shall stand absolved of all responsibilities with respect to the property or the lease granted by him.

(2) On the making of any such declaration as is referred to in sub- section (1),--

(a) the lease granted by the Custodian shall be deemed to have effect as if granted by the lessor under whom the property was held immediately before the Custodian assumed possession or control thereof and shall continue to have such effect until it is determined by lapse of time or by operation of law;

(b) all sums realised by the Custodian in respect of the said lease before the date of the declaration referred to in sub- section (1) shall, subject to the deduction of fees, if any, payable to the Custodian, become payable to the lessor against whom the lease has now effect.

(a) be deemed to empower the Custodian to grant, without the consent in writing of the original lessor or his successor in interest-

(i) where the original lease is for a specified period, any lease for a period extending beyond the date on which the original lease would have expired; or

(ii) Where the original lease is from year to year or month to month or on any other similar tenure, any lease on a tenure different from that of the original lease;

1. Ins. by Act 11 of 1953, s. 6.

(b) render the Custodian liable to any person for any sum in excess of the sum payable to the lessor under clause (b) of sub- section (2); or

(c) prejudice any rights of the lessor or the lessee, to which he may be entitled under any other law for the time being in force, consistently with the terms and conditions if any, of the lease granted by the Custodian.]

(1) Any amount due to any evacuee in respect of any property which has vested in the Custodian or in respect of any transaction entered into by the evacuee, shall be paid to the Custodian by the person liable to pay the same.

(2) Any payment made otherwise than in accordance with sub- section (1) shall not discharge the person paying it from his obligation to pay the amount due, and shall not affect the right of the Custodian to enforce such obligation against any such person.

14. Recouping of expenditure by Custodian. Any expenditure incurred by the Custodian in the exercise of any power conferred by or under this Act shall, in relation to any evacuee property in respect of which it has been incurred, be a charge on such property and shall, subject to the provisions of section 51, have priority over all other charges on the property, and such expenditure may be met or recouped by the Custodian out of the income accruing from such property or the sale proceeds thereof.

(1) The Custodian shall maintain a separate account of the property of each evacuee possession whereof has been taken by him, and shall cause to be made therein entries of all receipts and expenditure in respect thereof.

(2) The accounts shall be maintained in such form and in such manner as may be prescribed.

(3) The 1 Central Government] shall cause the accounts maintained under this section to be inspected and audited at such intervals and by such persons as may be prescribed.

(1) Subject to such rulesas may be made in this behalf, any evacuee or any person claiming tobe an heir of an evacuee may CHAP CERTAIN CONSEQUENCES OF PROPERTY VESTING IN CUSTODIAN CHAPTER III CERTAIN CONSEQUENCES OF PROPERTY VESTING IN CUSTODIAN

(1) Save as otherwise expressly provided in this Act, no evacuee property which has vested or is deemed to have vested in the Custodian under the provisions of this Act shall, so long as it remains so vested, be liable to be proceeded against in any manner whatsoever in execution of any decree or order of any Court or other authority, and any attachment or injunction or order for the appointment of a receiver in respect of any such property subsisting on the commencement of the Administration of Evacuee Property (Amendment) Act, 1951 (22 of 1951 ). shall cease to have effect on such commencement and shall be deemed to be void.

(2) Where, after the 1st day of March, 1947 , any evacuee property which has vested in the Custodian or is deemed to have vested in the Custodian under the provisions of this Act has been sold in execution of any decree or order of any court or other authority, the sale shall be set aside if an application in that behalf has been made by the Custodian to such Court or authority on or before the 17th day of October, 1950 .]

(1) Where the rights of an evacuee in any land or in any house or other building consist or consisted of occupancy or tenancy rights, nothing contained in any law for the time being in force or in any contract or in any instrument having the force of law or in any decree or order of any Court, shall extinguish or be deemed to have extinguished any such rights either on the tenant becoming an evacuee within the meaning of this Act or at any time thereafter so as to prevent such rights from vesting in the Custodian under the provisions of this Act or to prevent the Custodian from exercising all or any of the powers conferred on him by this Act in respect of any such rights, and, notwithstanding anything contained in any such law, contract, instrument, decree or order, neither the evacuee nor the Custodian, whether as an occupancy tenant or as a tenant for a certain time, monthly or otherwise, of any land, or house or other building shall be liable to be ejected or be deemed to have become so liable on any ground whatsoever for any default of--

(a) the evacuee committed after he became an evacuee or within a period of one year immediately preceding the date of his becoming an evacuee; or

(2) Where any person acquires or has acquired any rights under a Provincial Act or a State Act in respect of any property by reason of being in possession of that property, whether in pursuance of a grant, lease, or allotment made by the Custodian or otherwise, the acquisition of such rights shall not in any way affect or be deemed to have affected the rights and powers conferred on the Custodian under this Act in respect of that property.] CHAP Property of intending evacuees. CHAPTER IV.--[ Property of intending evacuees.] 1 Rep. by the Administration of Evacuee Property (Amendment) Act, 1953 (11 of 1953 ), s. 9. CHAP APPEALS, REVIEW AND REVISION CHAPTER V APPEALS, REVIEW AND REVISION

(1) Appeals from orders under sections 7, 16 and 40. Any person aggrieved by an order made under section 7, section 40 or section 48 may prefer an appeal--

(a) to the Custodian, where the original order has been passed by a Deputy or Assistant Custodian and the amount or the value of the property which is the subject- matter of the order does not exceed two thousand rupees;

(1A) An appeal shall lie to the Custodian- General from any order made on appeal by the Custodian under clause (a) of sub- section (1) on the ground that the order is contrary to law.

(1B) An appeal under this section shall be made in such manner and within such time as may be prescribed.]

1. Effect of repeal of Chapter IV.-- (1) The repeal of chapter IV shall not affect- (a) any property which has vested in the Custodian under section 22 before the commencement of Act 11 of 1953, (b) any proceeding pending under that section on such commencement, and any such property shall continue to so vest and any such proceeding may be continued as if Act 11 of 1953 had not been passed. (2) Save as aforesaid, on the repeal of Chapter IV every order passed under section 19 declaring any person to be intending evacuee and every attachment on property effected under that section shall cease to have effect and every proceeding pending under that section shall abate. (3) Save to the extent to which it is otherwise provided in this note, the mention of particular matters in this note shall be without prejudice to the general application of section 6 of the General Clauses Act, 1897 (10 of 1897 ), with respect to the effect of repeals (see s. 17 of Act 11 of 1953 ).

(2) The Custodian to whom an appeal is preferred under clause (a) of sub- section (1) may dispose of it himself or may make it over for disposal to an Additional Custodian or to a Deputy Custodian authorized by the Custodian in writing in this behalf (in this Chapter referred to as the authorized Deputy Custodian): Provided that no appeal from an order of a Deputy Custodian shall be made over for disposal to the authorized Deputy Custodian.

(1) The Custodian- General may at any time, either on his own motion or on application made to him in this behalf, call for the record of any proceeding in which any 1 Custodian has passed an order for the purpose of satisfying himself as to the legality or propriety of any such order and may pass such order in relation thereto as he thinks fit: Provided that the Custodian- General shall not pass an order under this sub- section prejudicial to any person without giving him a reasonable opportunity of being heard. 2 3 Explanation.-- The power conferred on the Custodian- General under this section may be exercised by him in relation to any property, notwithstanding that such property has been acquired under section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954 ).]

28. Finality of orders under this Chapter. Save as otherwise expressly provided in this Chapter, every order made by the Custodian- General, 4 Custodian, Additional Custodian, authorized Deputy Custodian, deputy Custodian or Assistant Custodian shall be final and shall not be called in question in any Court by way of appeal or revision or in any original suit, application or execution proceeding.

32. Penalty for causing damage to evacuee property. Any person who wilfully destroys or causes damage to any evacuee property or unlawfully converts it to his own use shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.

34. Penalty for offences not expressly provided for. Any person who contravenes any provision of this Act or of any rule or order made thereunder, or obstructs the lawful exercise of any power conferred by or under this Act, or makes default in complying with any requirement of this Act or of any rule or order made thereunder, shall, if no express provision is made by this Act for punishment of such contravention, obstruction or default, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

36. Penalty for abetment. Any person who abets any of the offences punishable under this Act shall be punishable with the punishment provided for the offence.

37. Offences to be cognizable. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898 ), all offences under this Act shall be cognizable.

38. Procedure for prosecution. No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the 1 Central Government] or of any officer authorized in this behalf, by general or special order, by the 1 Central Government].

39. Offences may be tried summarily. Any magistrate empowered to try in a summary way the offences specified in sub- section

(1) of section 260 of the Code of Criminal Procedure, 1898 (5 of 1898 ), may, if an application is made in this behalf by the complainant and the Magistrate thinks fit, try any offence under this Act in accordance with the provisions contained in sections 262 to 265 of that Code, but nothing contained in sub- section (2) of section 262 of that Code shall apply to any such trial. CHAP MISCELLANEOUS CHAPTER VII MISCELLANEOUS

(1) No transfer made after the 14th day of August, 1947 3 but before the 7th day of May, 1954 ], by or on behalf of any person in any manner whatsoever of any property belonging to him shall be effective so as to confer any rights or remedies in respect of the transfer on the parties thereto or any person claiming under them or either of them, if, at any time after the transfer, the transferor becomes an evacuee within the meaning of section 2 or the property of the transferor is declared or notified to be evacuee property within the meaning of this Act, unless the transfer is confirmed by the Custodian in accordance with the provisions of this Act.

(2) Nothing contained in sub- section (1) shall apply to the transfer for valuable consideration of any such property as is referred to therein in any of the following cases, namely:-

(a) where the transfer has been made with the previous approval of the Custodian before the commencement of the Administration of Evacuee Property (Amendment) Act, 1953 (11 of 1953 );

(b) where the transferor has not left 4 India for Pakistan within a period of two years from the date of the transfer:

Provided that in the case of a transfer made before the commencement of the Administration of Evacuee Property (Amendment) Act, 1953 (11 of 1953 ), the transferor had not left India for Pakistan before such commencement, notwithstanding that a period of two years had already elapsed before such commencement;

(c) where the transfer is made after the commencement of the Administration of Evacuee Property (Amendment) Act, 1953 (11 of 1953 ). and--

(i) the value of the property or properties transferred in any one year is less than five thousand rupees, or

(ii) the transfer is made with the previous approval of the Custodian or in the prescribed cases with the previous approval of the Custodian- General.

(3) An application under sub- section (1) for the confirmation of any transfer may be made by the transferor or the transferor or any person claiming under, or lawfully authorized by, either of them to the Custodian within two months from the date of the transfer or within two months from the date of the declaration or notification referred to in sub- section (1) whichever is later, and the provisions of section 5 of the Indian Limitation Act, 1908 (9 of 1908 ). shall apply to any such application.

(4) Where an application under sub- section (1) has been made to the Custodian for confirmation, he shall hold an inquiry in respect thereof in the prescribed manner and may reject the application if he is of opinion that--

(a) the transaction has not been entered into in good faith or for valuable consideration; or

(b) the transaction is prohibited under any law for the time being in force; or

(5) Where, in respect of any transfer made before the commencement of the Administration of Evacuee Property (Amendment) Act, 1953 (11 of 1953 ). any application for confirmation thereof has been rejected solely on the ground--

(a) that although the transaction was entered into in good faith, the consideration paid was not adequate, or

then, notwithstanding anything to the contrary contained in any law or contract or decree or order of a Civil Court or other authority, but subject to any rules that may be made by the Central Government in this behalf, the Custodian may and shall, where the application for confirmation was rejected by the Custodian- General, if the Custodian- General so directs, exercise any of the following powers in respect of the transfer, namely:--

(i) confirm the transfer if the consideration paid for the transfer is adequate;

(ii) confirm the transfer, if the transferee agrees to pay to the Custodian the difference in value between the value of the property as assessed by the Custodian and the amount actually paid by the transferee to the transferor;

(iii) if the transferee agrees, take possession of such part of the property as, after dividing it by metes and bounds, is equivalent in value to the difference between the value of the property as assessed by the Custodian and the amount actually paid by the transferee to the transferor;

(iv) if the transferee agrees, take possession of the entire property by paying off to the transferee the amount which the Custodian finds as having been actually paid by the transferee to the transferor as consideration for the transfer; or

(v) if the transferee does not agree to any of the courses referred to in clauses (ii) to (iv) inclusive, auction the property and if the sale proceeds exceed the amount actually paid by the transferee, pay to the transferee the amount paid by him and take over the balance and if the sale proceeds are equivalent to, or fall short of, the amount actually paid by the transferee, pay the entire sale proceeds to the transferee: Provided that where any application for confirmation of a transfer is rejected on the ground specified in clause (b) of this rejected on the ground specified in clause (b) of this sub- section the powers conferred on the Custodian by this section shall not be exercised unless the Custodian finds that the transaction has been entered into in good faith.

(6) If the application is not rejected under sub- section (4), the Custodian may confirm the transfer either unconditionally or on such terms and conditions as he may think fit to impose.

(7) The Custodian may, in respect of any application for confirmation of transfer pending before him on the commencement of the Administration of Evacuee Property (Amendment) Act, 1953 (11 of 1953 ). which is liable to be rejected on either of the grounds specified in clauses (a) and (b) of sub- section (5), exercise any of the powers conferred on him under that sub- section. 1

41. Transactions relating to evacuee property void in certain circumstances. Subject to the other provisions contained in this Act, every transaction entered into by any person in respect of property declared or deemed to be declared to be evacuee property within the meaning of this Act, shall be void unless entered into by or with the previous approval of the Custodian.]

42. 2 Power to call for information. The Custodian may, for the purpose of securing, administering, preserving and managing nay evacuee property and generally for the purpose of enabling him satisfactorily to discharge any of the duties imposed on him by or under this Act, require any person to submit to him such accounts, books or other documents or to furnish to him such information relating to any evacuee property as he may reasonably think necessary.]

43. Vesting of property in Custodian not affected by death of evacuee, etc. Where in pursuance of the provisions of this Act any property has vested in the Custodian, neither the death of the evacuee at any time thereafter nor the fact that the evacuee who had a right or interest in that property had ceased to be an evacuee at any material time shall affect the vesting or render invalid anything done in consequence thereof.

44. Certain officers to be public servants. The Custodian- General, the Custodian and every other person duly appointed to discharge any duties imposed on them by this Act or the rules or orders made thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860 ).

45. Powers of the Custodian while holding inquiry. For the purposes of holding any inquiry under this Act, custodian shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908 ). when trying a suit, in respect of the following matters, namely:-

(c) any prescribed matter; and the inquiry by the Custodian shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860 ), and the Custodian shall be deemed to be a Court within (45 of 1860 ) the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898 (5 of 1898 ).

46. Jurisdiction of Civil Courts barred in certain matters. Save as otherwise expressly provided in this Act, no Civil or Revenue Court shall have jurisdiction--

(a) to entertain or adjudicate upon any question whether any property or any right to or interest in any property is or is not evacuee property; or 1

(c) to question the legality of any action taken by the Custodian- General or the Custodian under this Act; or

(d) in respect of any matter which the Custodian- General or the Custodian is empowered by or under this Act to determine.

(1) No suit, prosecution or other legal proceeding shall lie against the Custodian- General or the Custodian or any person acting under the direction of the Custodian in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder.

(2) No suit or other legal proceeding shall lie against the Central Government, the State Government, the Custodian- General or the Custodian or any other person in respect of any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder.

(1) any sum payable to the Government or to the Custodian in respect of any evacuee property, under any agreement, express or implied, lease or other document or otherwise howsoever, may be recovered in the same manner as an arrear of land revenue.

(2) If any question arises whether a sum is payable to the Government or to the Custodian within the meaning of sub- section (1), the Custodian shall, after making such inquiry as he may deem fit, and giving to the person by whom the sum is alleged to be payable an opportunity of being heard, decide the question; and the decision of the Custodian shall, subject to any appeal or revision under this Act, be final and shall not be called in question by any Court or other authority.

(3) For the purposes of this section, a sum shall be deemed to be payable to the Custodian, notwithstanding that its recovery is barred by the Indian Limitation Act, 1908 (9 of 1908 ), or any other law for the time being in force relating to limitation of actions.]

49. Record to be public documents. All records prepared or registers maintained under this Act shall be deemed to be public documents within the meaning of the Indian Evidence Act, 1872 (1 of 1872 ), and shall be presumed to be genuine until the contrary is proved.

(1) If in any suit it appears to the Civil or Revenue Court that a question relating to the property of an evacuee or an intending evacuee is involved, the Court shall not proceed to determine that question until after notice has been given to the Custodian.

(2) A Court may, at any state of a suit or proceeding, either on its own motion or on application made in this behalf by the Custodian, make an order that the Custodian shall be added as a party to the suit or proceeding, if the Court is satisfied that such addition is necessary or proper for the satisfactory determination of the suit or proceeding.

(1) The 1 Central Government] may fix the fees payable to the Custodian for the management or disposal of any property vested in him.

(2) Such fees shall be payable out of the income or sale proceeds of such property and shall be a first charge on the property.

52. 2 Power to exempt. The Central Government may, by notification in the Officer Gazette, declare that all or any of the provisions of this Act or of the rules made thereunder shall not apply, or shall be deemed never to have applied, or shall cease to apply, or shall apply only with such

modifications or subject to such conditions, restrictions or limitations as may be specified in the notification, to or in relation to any class of persons or class of property.]

53. Power to give directions. The Central Government may give directions to any State Government as to the carrying into execution in the State of any of the provisions contained in this Act or of any rules or orders made thereunder.

54. Power of Central Government to take action with regard to evacuee property. The central Government may, for the purpose of regulating the administration of any property which has vested in the Custodian under the provisions of this Act, pass such order or direct such action to be taken in relation thereto as, in its opinion, the circumstances of the case require and as is not inconsistent with any of the provisions contained in this Act.

(1) The Central Government may direct that any power exercisable by it under this Act shall be exercisable also by such officer or authority subordinate to the Central Government or by the State Government or by such officer or authority subordinate to the State Government as may be specified in the direction.

(2) 1 Any power exercisable by a State Government by virtue of a direction under sub- section (1) may, unless otherwise provided in such direction, be exercised also by such officer or authority as the State Government may specify in this behalf.]

(3) Subject to the provisions of this Act and of the rules and orders made thereunder, the Custodian- General may delegate all or any of his powers under this Act to any Deputy or Assistant Custodian- General.

(4) Subject to the provisions of this Act and of the rules and orders made thereunder, the Custodian may delegate all or any of his powers under this Act to any Additional, Deputy or Assistant Custodian, subject to such conditions, if any, as may be specified by the Custodian.

(bb) 1 the transfer by the Custodian of any case pending before any officer subordinate to him or the withdrawal to himself for disposal of any case so pending or the exercise of any similar powers by the Custodian- General in respect of cases pending before any officer subordinate to him;]

(c) the manner in which evacuee properties which have vested in the Custodian may be notified;

(d) the manner in which possession of any evacuee property may be taken by the Custodian;

(e) the manner in which any person claiming any right to, or interest in, any property which has been notified as evacuee property may have his claim registered and disposed of;

(g) the manner in which trust properties which have vested in the Custodian may be administered or otherwise dealt with;

(h) the circumstances in which, and the conditions subject to which, the Custodian may sell any immovable property vested in him, and the procedure governing the grant of leases and the period for which leases may be granted;

(i) the circumstances in which leases and allotments may be cancelled or terminated or the terms of any lease or agreement varied;

(j) the securities in which the Custodian may invest any moneys held by him;

(jj) 2 the manner in which rent of any property or damage for unauthorised possession of any property may be

1. Ins. by Act 11 of 1953, s. 16. 2. Ins. by Act 1 of 1960, s. 8.

36. - 38 assessed, and the principles which may be taken into account in assessing such rent or damages;] (k) the manner in which any moneys due to the Custodian may be recovered; (l) the form and manner in which books of accounts and other records shall be maintained by the Custodian; (m) the form in which any notice under this Act may be issued, the manner of its service and publication and the form in which any demand may be made by the Custodian; (n) the nature of cases and the circumstances in which and the conditions subject to which certificated for restoration of property under section 16 may be issued; 1 (p) the powers vested in a Civil Court which may be exercised by the Custodian while holding any inquiry under this Act; (q) 2 the manner in which applications for the previous approval of the Custodian may be made under section 40 and the matters which he shall take into account in granting such approval, and the nature of cases and the circumstances in which the Custodian may confirm or refuse to confirm a transfer under that section;] (r) the form and manner in which and the time within which appeals and applications for revision may be preferred under Chapter V and the fees payable in respect thereof; (s) 3 the terms and conditions of service of the Custodian and other officers appointed under this Act and for the furnishing of security by them; (t) the work to be performed by the Custodian, and the Additional Deputy or Assistant Custodians; (u) the delegation of powers of the Custodian to the Additional, Deputy or assistant Custodians; (v) the fees payable to the Custodian for the management and disposal of any property vested in him and the manner in which such fees shall be paid; 1. Cl. (o) omitted by Act 91 of 1956, s. 13 (w. e. f. 22- 10- 1956 ). 2. Subs. by Act 11 of 1953, s. 16. 3. Subs. by Act 91 of 1956, s. 13, for cl. (s) (w. e. f. 22- 10- 1956 ).

(w) the persons by whom and the time at which books of accounts maintained under this Act may be inspected and audited;

(x) any other matter which has to be or may be prescribed under this Act.] 1

(4) 2 every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a period of thirty days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

57. Temporary amendment of section 54 of the Indian Income- tax Act, 1922 . During the continuance of this Act, sub- section (3) of section 54 of the Indian Income- tax Act, 1922 (11 of 1922 ), shall have effect as if after clause (o) thereof, the following clause had been inserted, namely:--" (p) of any such particulars to the Custodian of evacuee property appointed under the Administration of Evacuee property Act, 1950 (31 of 1950 ), for the purpose of enabling him to discharge the duties imposed upon him by or under the said Act".

(2) If, immediately before the commencement of this Act, there is in force in any State to which this Act extends any law which corresponds to this Act and which is not repealed by sub- section (1), that corresponding law shall stand repealed.

(3) The repeal by this Act of the Administration of Evacuee Property Ordinance, 1949 (27 of 1949 ), Hybd. Reg. 12 of 1359 F or the Hyderabad Administration of evacuee Property Regulation or of any corresponding law shall not affect the previous operation of that Ordinance, Regulation or corresponding

law, and subject thereto, anything done or any action taken in the exercise of any power conferred by or under that Ordinance, Regulation or corresponding law, shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act were in force on the day on which such thing was done or action was taken.]